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David J. Brassfield
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Springfield Metro Sanitary Department District In Wrongful Death Suit

A Riverton widow has filed a wrongful death claim against a Sugar Creek plant within Springfield’s metro sanitary department district due to the tragic death of her husband, according to a recent The State Journal Register report. The wrongful death suit was filed against the plant, an engineering firm, two contracting firms, and a manufacturer. If someone you know or love has tragically passed because of the negligence of another, contact a Rockford wrongful death attorney today to preserve any rights available to surviving family members.

Illinois Wrongful Death Claims

Illinois law permits wrongful death charges to be brought against the individual(s) as well as the private or public entity responsible for the incident leading to the tragic death. State law considers public agencies to include, but not be limited to: law enforcement agencies; city, county or state governments; state or private schools; hospitals or nursing homes; and city or state correctional facilities. Depending on state law the spouse, surviving children or other next of kin may initiate a wrongful death lawsuit on behalf of a loved one.

It is important to be aware that statutes of limitations  – or time limits within which a suit can be filed or it will be barred forever – govern wrongful death suits across the nation. Illinois is no exception to this rule. Because each state has its own particular statute of limitations a wrongful death attorney should be contacted immediately to reserve any legal rights provided by law.

Wrongful Death: Elements & Damages

The party filing the lawsuit, known as the plaintiff, must prove the following elements in a wrongful death suit in order to be successful:

  • The defendant was negligent or, alternatively, strictly liable for the victim’s death;
  • The wrongful death was caused – in whole, or in part – by the acts of the defendant;
  • The victim left a surviving spouse, children, dependents or beneficiaries behind; and
  • Economic and noneconomic damages resulted from the death of the victim.

There are several types of monetary compensation, referred to as damages in legal terms, a party can seek in a wrongful death suit. The types of damages typically sought in a wrongful death claim include, but are not limited to:

  • Costs relating to the wrongful death, including medical and funeral expenses;
  • Loss of future wages that would have been realized until retirement or natural death;
  • Pain and suffering leading up to victim’s death and that experienced by his or her survivors;
  • If willful and wanton conduct is shown, punitive damages;
  • Loss of inheritance for heirs as a result of the untimely death; and
  • General damages.

Seek Legal Help

If someone you know has tragically died as the result of another’s negligence, contact a Rockford wrongful death attorney today learn how to preserve the rights of the victim’s surviving family members under Illinois law. The complications of navigating the legal system should not be added onto the tragedy of a wrongful death. The attorneys at Brassfield & Krueger, Ltd. will protect your interests. Call (815) 398-9700 today to schedule your initial, free, consultation.

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